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People v. Capers

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 522 (N.Y. App. Div. 1991)

Opinion

February 11, 1991

Appeal from the Supreme Court, Queens County (Berkowitz, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, we find that the brief reference to an uncharged crime elicited by defense counsel on cross-examination of the complainant's mother neither warranted the declaration of a mistrial as requested by the defendant nor requires reversal of his judgment of conviction. We note in this respect that immediately after the witness's comment was made, the trial court sustained defense counsel's objection and administered a prompt curative instruction, which, we find, was sufficient to dispel any prejudice to the defendant (see, People v Rodriguez-Alvarez, 156 A.D.2d 733; People v Santiago, 155 A.D.2d 628; People v Martin, 154 A.D.2d 554; People v Johnson, 124 A.D.2d 1063; see also, People v Ortiz, 54 N.Y.2d 288, 294; People v Santiago, 52 N.Y.2d 865; cf., People v Blasich, 73 N.Y.2d 673, 682; People v Baptiste, 72 N.Y.2d 356).

We find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80; see also, People v Perez, 150 A.D.2d 395). Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.


Summaries of

People v. Capers

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 522 (N.Y. App. Div. 1991)
Case details for

People v. Capers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL CAPERS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 11, 1991

Citations

170 A.D.2d 522 (N.Y. App. Div. 1991)

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